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Giddens v. Hometown Financial Services, 938 F. Supp. 801

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NOTICE OF INTENT TO SERVE SUBPOENA ON NON-PARTY

IN THE CIRCUIT COURT OF COUNTY, ALABAMA

et al.;

Plaintiff,

VS.

CIVIL ACTION NO.: CV-96-

, et al.,

Defendant.

NOTICE OF INTENT TO SERVE SUBPOENA ON NON-PARTY

Please take notice that upon the expiration of fifteen (15) days, or such other time as the Court as allowed, from the date of service of this notice, the Plaintiff, will apply to the Clerk of this Court for issuance of the attached subpoena directed to the following non-party to produce the documents or things at the time and place specified in the subpoena.

TO:

Custodian of Records

NATIONAL ASSOCIATION OF SECURITIES DEALERS

1735 K Street N.W.

Washington DC 20006-1506

JOHN DOE & ASSOCIATES, P.C.

Attorney for Plaintiff

Address

Mobile, Alabama

BY:

CERTIFICATE OF SERVICE

I do hereby certify that I have on the day of , 1999, served a copy of the foregoing by mailing same by U. S. Mail, first class postage prepaid and properly addressed, to the following:

Plaintiff's attorney

IN THE CIRCUIT COURT OF COUNTY, ALABAMA

et al.;

Plaintiff,

VS.

CIVIL ACTION NO.: CV-

, et al.,

Defendant.

CIVIL SUBPOENA FOR PRODUCTION OF DOCUMENTS, ETC. UNDER RULE 45

TO:

Custodian of Records

NATIONAL ASSOCIATION OF SECURITIES DEALERS

1735 K Street N. W.

Washington DC 20006-1506

You are hereby commanded to do each of the following acts at the instance of the Plaintiff within fifteen (15) days, or such other time as the Court has allowed, after service of this subpoena:

Produce and permit Plaintiff to inspect and to copy each of the following documents in your possession:

1.

2.

Such production and inspection is to take place where the documents and things are regularly kept or at some other reasonable place designated by you.

You are further advised that the other parties to the action in which this subpoena has been issued have the right to be present at the time of such production and inspection.

You have the option to deliver or mail legible copies of documents for things to the party causing the issuance of this subpoena, whose name and address is listed below, but you may condition such activity on your part upon the payment in advance by the party causing the issuance of this subpoena of the reasonable costs of the making of such copies.

You have the right to object at any time prior to the date set forth in this subpoena for compliance. Should you choose to object, you should communicate such objection in writing to the party causing the issuance of this subpoena and stating, with respect to any items or category to which objection is made, your reasons for such objection.

DATED day of , 1999.

JOHN DOE & ASSOCIATES, P.C.

Attorney for Plaintiff

Address

Mobile, Alabama

BY:

CLERK

BY:

RETURN ON SERVICE

CERTIFICATE FOR CUSTODIAN OF RECORDS

I HEREBY CERTIFY that the attached is a true and complete copy of the records

pertaining to kept in the offices of in my custody or under my control, and that I am the legal custodian and keeper of said records.

I further certify that said records were made in the regular course of business of and that it was in the regular course of business for such records to be made at the time of the events, transactions or occurrences to which they refer, or within a reasonable time thereafter.

DATED this day of , 1999.

RECORDS CUSTODIAN

Sworn to and subscribed before me on this day of , 1999.

NOTARY PUBLIC

My commission expires:

Enter text

What Giddens v. Hometown Financial Services, 938 F. Supp. 801 Is

Giddens v. Hometown Financial Services, reported at 938 F. Supp. 801, is a federal district court opinion that addresses a civil dispute between an individual plaintiff and a financial services company. This page summarizes the opinion's procedural posture, typical issues it resolves, and how practitioners commonly rely on the citation in memoranda, motions, and regulatory compliance reviews.

Why this opinion matters for practitioners

The opinion can supply persuasive authority on procedural or substantive points in similar disputes and guide drafting of pleadings, evidentiary offers, and compliance steps when financial services practices are at issue.

Why this opinion matters for practitioners

Who commonly consults this decision

The opinion is used by attorneys, compliance teams, and legal researchers when preparing filings or internal policies.

  • Civil litigators preparing briefs or motions in consumer finance disputes.
  • Compliance officers aligning procedures with court reasoning or regulatory risk assessments.
  • Legal researchers and librarians creating citations and precedent summaries.

Typical user profiles

Civil Litigation Attorney

A litigation attorney uses the citation to support arguments on procedure or substantive law in district court filings and appellate briefing. They verify whether the decision is binding, persuasive, or distinguishable for the jurisdiction and factual posture.

Compliance Officer

A compliance officer reviews the opinion for operational impact on collections, disclosures, or consumer communication practices. They document required changes to policies and training and preserve records showing remedial actions.

Security and compliance facts relevant to document handling

Encryption in transit: TLS 1.2/1.3
Encryption at rest: AES-256
Regulatory standards: ESIGN and UETA compliance
Healthcare readiness: HIPAA compliant (BAA required)
Audit controls: SOC 2 Type II available
FDA-ready: 21 CFR Part 11 supported

Risks and consequences of incorrect use

Mis-citation: May weaken arguments or cause waiver
Outdated reliance: Subsequent contrary authority can undermine reliance
Noncompliant e-signature: May render signatures unenforceable
Improper filing: Court may strike or refuse acceptance
Incomplete record: Appeal rights or preservation may be lost
Privacy lapses: Could trigger HIPAA/CCPA obligations

Common errors to avoid

  • Relying on the opinion without checking for later appellate or circuit-level decisions that alter its persuasive value.
  • Failing to confirm the correct reporter citation or pagination when preparing a brief or memorandum.
  • Submitting scanned documents without preserving metadata or audit trails required for e-submission or authentication.
  • Assuming e-signatures meet specialized regulatory rules (for example, HIPAA or FDA) without confirming method and documentation.

Step-by-step: using the opinion in a filing

Follow these steps to locate, cite, and incorporate the opinion into court submissions while preserving evidentiary and procedural reliability.

  • 01
    Locate the text: Obtain the full opinion and verify the reporter citation.
  • 02
    Confirm treatment: Check subsequent appellate history or citing cases for overruling.
  • 03
    Draft citation: Use correct Bluebook style and include pinpoint citations.
  • 04
    Preserve record: Attach certified or authenticated copy when required.

How to file or share documents referencing the case

Typical routing includes local e-filing systems, counsel distribution, and secure archival; preserve a clear audit trail at every step.

  • E-filing portals: Submit via the court’s electronic filing system.
  • Service copies: Serve opposing counsel per local rules.
  • Internal review: Circulate drafts through counsel and compliance.
  • Archival copy: Store signed, timestamped PDFs with audit logs.

Anatomy of a professional case summary

A concise professional summary highlights the essential parts of the opinion so readers can quickly understand holdings, reasoning, and applicability to new matters.

Caption

Include full case name, court, and citation so the reader can retrieve the opinion without ambiguity; match reporter formatting exactly.

Procedural history

Summarize filings, motions, and prior rulings to show how the court reached the decision and where it sits procedurally.

Key facts

Provide the material facts the court relied on, succinctly showing the factual predicate for legal conclusions and distinguishing factors.

Issues presented

List the legal questions the court decided, framed in terms used by the opinion and relevant statutes or doctrines.

Holding

State the court’s dispositive ruling clearly, noting whether it was for plaintiff or defendant and the relief granted or denied.

Reasoning

Summarize the court’s legal analysis and citations; note any tests applied or policy considerations the judge discussed.

Configure an online workflow for citing and submitting this opinion

Set up a digital workflow to attach the opinion, gather approvals, and track submission steps while ensuring secure access and retention.

Field Configuration
Document format PDF/A preferred for long-term preservation
Signer authentication Email + SMS code or stronger methods
Audit trail Enable timestamping and IP capture
Retention policy Assign retention tags per legal hold

Technical requirements for e-submission and secure sharing

Use platforms that support PDF, DOCX, and integrated audit trails when preparing filings that cite this case.

  • File types: PDF, DOCX supported
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Access control: SSO and role-based permissions

Timing considerations when relying on the opinion

Observe procedural deadlines for filing motions and appeals; timely citation and preservation of the record are essential to preserve arguments based on the opinion.

Motion deadlines:

Follow local rules for motion timing and response periods

Appeal window:

Check appellate rules for notice of appeal deadlines

Citation updates:

Monitor for new cases that overrule or distinguish the opinion

Record retention:

Preserve filings according to retention policies

E-filing cutoffs:

Confirm court system maintenance windows and submission times

Key milestones from filing to decision

A typical litigation timeline shows major stages and where an opinion like this may be cited during motion practice or appellate briefing.

01

Pleadings filed

Initial complaint and answer set the procedural baseline.

02

Discovery phase

Fact gathering where the opinion’s factual parallels are developed.

03

Dispositive motions

Motions for summary judgment often rely on case law analysis.

04

Final judgment

Decision entry and potential notice of appeal period.

eSignature vendor comparison for document signing and submission

This table compares common plan-level features and starting prices for signNow and several market vendors to help select an eSignature platform appropriate for legal workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

FAQs and troubleshooting for using the opinion and electronic workflows

Answers to common questions about citation, e-signatures, filing, authenticity, and next steps when an opinion’s treatment is unclear.


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